Changing Commercial Zoned Floor
Hi guys, I am looking at purchasing a floor in a 4 story loft that is zoned for commercial use. The first two floors of the building are zoned commercial and the top two are zoned residential. The thing is I would not need the entire space for my business. So my question is does…
Hi guys,
I am looking at purchasing a floor in a 4 story loft that is zoned for commercial use. The first two floors of the building are zoned commercial and the top two are zoned residential. The thing is I would not need the entire space for my business. So my question is does anyone know if it’s possible to change a floor to a work/live zoning and if so how involved is this? Additionally, what are the ramifications of just living and working out of a commercial zoned floor in a building like this? Do city officials actually drop by to see if there are living quarters? Any help would be greatly appreciated!
Depending on the specific type of commercial zoning, residential occupancy on the 2nd floor may or may not be permitted. If zoning prevents ground- or second-floor residential occupancy, you’d have to change the zoning (which is often harder than just changing the C of O). If you have the address of the property, the Department of City Planning should be able to help. You can call their zoning help desk to find out exactly what’s permitted.
It is unlikely that a DOB inspector would drop by. More problematic would be a visit from the FDNY in the case of an alarm, false or otherwise. The FDNY is required to report any discrepancy in occupancy to the DOB. DOB may choose to act on that or not depending on the severity. You could under extreme conditions be forced to vacate although having the upper floors residential probably precludes that. You could get a violation that says “space is being occupied contrary to allowed zoning or C of O”. This would cause all sorts of problems with financing and insurance for everyone in the building.
Furthermore, you couldn’t simply bring the part you are living in up to residential code and ignore the rest of the space. The old AIR program simply allowed loft spaces artists occupied to be brought up to residential code over time but never allowed them to retain a lesser commercial status.
To actually answer your question, the entire space would have to be made legally residential.
Okay yes then – is this changeable?
Okay yes then – is this changeable?
I think you are confusing “zoning” with “certificate of occupancy”.